Trademark

A trademark is a form of intellectual property that protects brand identifiers -- your brand name, logo, tagline, distinctive packaging, and even sounds or colors associated with your brand. Trademarks allow consumers to identify the source of goods and prevent competitors from using confusingly similar marks. Unlike patents, which expire, trademarks can last indefinitely as long as they are actively used in commerce and renewal filings are maintained.

For DTC product brands, trademark registration is arguably the most important IP step. A registered trademark (denoted by the (R) symbol) provides: nationwide priority (even if you are not yet selling in every state), the ability to file trademark infringement lawsuits in federal court, the legal presumption of ownership and validity, the ability to register with US Customs to block counterfeit imports, eligibility for the Amazon Brand Registry (which provides significant benefits for controlling your listings), and the ability to use the registration as a basis for filing in other countries.

Registering a trademark in the US costs approximately $250-$350 per class per mark for the USPTO filing fee, plus $500-$2,000 in attorney fees for a standard application. The process takes 8-12 months. It is critical to also register your trademark in any country where you manufacture or sell, particularly China (which uses a first-to-file system rather than first-to-use, meaning someone else can register your brand name in China before you do, even if you have been using it for years).